Lalita Sharma v. The Superintending Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/229/2022 Lalita Sharma ... Petitioner Vs.

The Superintending Engineer & Another ... Respondents Mr. K. Sabir ...for the petitioner Mr. Rakesh Kumar Ms. Preeja Menon ...for the respondents August 22, 2022 [MAM] Item No.3 The petitioner is aggrieved as she has not been provided electric connection at her dwelling house. Her contention is that she encroached a piece of Government revenue land bearing Survey No.1/P and measuring an area of 100 Sq. mtrs. situated at Lambaline Village at Port Blair Tehsil, South Andaman District and residing thereby constructing dwelling house with her family. Though the petitioner having the possession over the land for long but the essential service like electricity connection over the said land has not been provided. The petitioner time and again approached the respondent authorities for obtaining electric connection but no fruitful result yielded. Be it mentioned that the Joint Secretary(UT), Ministry of Home Affairs, Government of India on 9th May, 2003 intimated the Chief Secretary, Andaman & Nicobar Administration that

the Ministry accorded sanction to provide electric connection to the families residing at revenue land. In spite of said beneficial scheme petitioner deprived of electric connection and the petitioner in order to have the electric connection, submitted before the respondent herein, representation on 14.6.2022 but it is unfortunate, till date no action taken and on the contrary the petitioner is advised to move before the Court for getting electric connection.

Mr. K. Sabir, learned Advocate on behalf of the petitioner submits that it is settled position of law that electricity being the basic amenities of life of which a person cannot be deprived provided he pays the legitimate cost of charges of supply of electricity and it has been decided in a catena of judgments that the electricity comes under the essential commodity.

Being aggrieved by the letter given by the Assistant Engineer dated 14.6.2022 the petitioner has preferred this application under Section 226 of the Constitution of India. Mrs. Preeja Menon, learned Advocate appearing on behalf of the respondents submits that if the petitioner complies the direction for installation of new electric connection, they are willing and ready to give electric connection to the petitioner as sought for by the petitioner. Having considered the aforesaid facts and circumstances of the case the respondent authorities are

hereby directed to provide electricity in the dwelling house of the petitioner standing on Survey No.1/P, Area 100 Sq. mtrs. situated at Lambaline village, Port Blair Tehsil, South Andaman District, provided the petitioner pays the legitimate costs and charges for installation of electricity connection, within a period of two weeks from the date of communication of the order. It is also made clear that this order of providing electricity in the house of petitioner shall not confer any right, title or interest upon petitioner on the land in question.

WPA 229/2022 is accordingly disposed of. Urgent Photostat copy of this order be supplied to the parties after compliance of all required formalities.

(Ajoy Kumar Mukherjee, J.)